UNITED STATES CODE

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

§ 1801. Definitions

(1) a foreign government or any component thereof, whether or not
recognized by the United States;

(2) a faction of a foreign nation or nations, not substantially composed
of United States persons;

(3) an entity that is openly acknowledged by a foreign government or
governments to be directed and controlled by such foreign government or governments;

(4) a group engaged in international terrorism or activities in preparation therefor;

(5) a foreign-based political organization, not substantially composed of United States persons; or

(6) an entity that is directed and controlled by a foreign government or governments.

(b) ''Agent of a foreign power'' means -

(1) any person other than a United States person, who -

(A) acts in the United States as an officer or employee of a foreign
power, or as a member of a foreign power as defined in subsection (a)(4) of this section;

(B) acts for or on behalf of a foreign power which engages in
clandestine intelligence activities in the United States contrary to the
interests of the United States, when the circumstances of such person's
presence in the United States indicate that such person may engage in such
activities in the United States, or when such person knowingly aids or abets
any person in the conduct of such activities or knowingly conspires with any
person to engage in such activities; or

(2) any person who -

(A) knowingly engages in clandestine intelligence gathering activities
for or on behalf of a foreign power, which activities involve or may involve a
violation of the criminal statutes of the United States;

(B) pursuant to the direction of an intelligence service or network of a
foreign power, knowingly engages in any other clandestine intelligence
activities for or on behalf of such foreign power, which activities involve or
are about to involve a violation of the criminal statutes of the United
States;

(C) knowingly engages in sabotage or international terrorism, or
activities that are in preparation therefor, for or on behalf of a foreign
power; or

(D) knowingly aids or abets any person in the conduct of activities
described in subparagraph (A), (B), or (C) or knowingly conspires with any
person to engage in activities described in subparagraph (A), (B), or (C).

(c) ''International terrorism'' means activities that -

(1) involve violent acts or acts dangerous to human life that are a
violation of the criminal laws of the United States or of any State, or that
would be a criminal violation if committed within the jurisdiction of the
United States or any State;

(2) appear to be intended -

(A) to intimidate or coerce a civilian population;

(B) to influence the policy of a government by intimidation or coercion;
or

(C) to affect the conduct of a government by assassination or
kidnapping; and

(3) occur totally outside the United States, or transcend national
boundaries in terms of the means by which they are accomplished, the persons
they appear intended to coerce or intimidate, or the locale in which their
perpetrators operate or seek asylum.

(d) ''Sabotage'' means activities that involve a violation of chapter 105 of title 18, or that would involve such a
violation if committed against the United States.

(e) ''Foreign intelligence information'' means -

(1) information that relates to, and if concerning a United States
person is necessary to, the ability of the United States to protect against -

(A) actual or potential attack or other grave hostile acts of a foreign
power or an agent of a foreign power;

(B) sabotage or international terrorism by a foreign power or an agent
of a foreign power; or

(C) clandestine intelligence activities by an intelligence service or
network of a foreign power or by an agent of a foreign power; or

(2) information with respect to a foreign power or foreign territory
that relates to, and if concerning a United States person is necessary to -

(A) the national defense or the security of the United States; or

(B) the conduct of the foreign affairs of the United States.

(f) ''Electronic surveillance'' means -

(1) the acquisition by an electronic, mechanical, or other surveillance
device of the contents of any wire or radio communication sent by or intended
to be received by a particular, known United States person who is in the
United States, if the contents are acquired by intentionally targeting that
United States person, under circumstances in which a person has a reasonable
expectation of privacy and a warrant would be required for law enforcement
purposes;

(2) the acquisition by an electronic, mechanical, or other surveillance
device of the contents of any wire communication to or from a person in the
United States, without the consent of any party thereto, if such acquisition
occurs in the United States;

(3) the intentional acquisition by an electronic, mechanical, or other
surveillance device of the contents of any radio communication, under
circumstances in which a person has a reasonable expectation of privacy and a
warrant would be required for law enforcement purposes, and if both the sender
and all intended recipients are located within the United States; or

(4) the installation or use of an electronic, mechanical, or other
surveillance device in the United States for monitoring to acquire
information, other than from a wire or radio communication, under
circumstances in which a person has a reasonable expectation of privacy and a
warrant would be required for law enforcement purposes.

(g) ''Attorney General'' means the Attorney General of the United States
(or Acting Attorney General) or the Deputy Attorney General.

(1) specific procedures, which shall be adopted by the Attorney General,
that are reasonably designed in light of the purpose and technique of the
particular surveillance, to minimize the acquisition and retention, and
prohibit the dissemination, of nonpublicly available information concerning
unconsenting United States persons consistent with the need of the United
States to obtain, produce, and disseminate foreign intelligence information;

(2) procedures that require that nonpublicly available information,
which is not foreign intelligence information, as defined in subsection (e)(1)
of this section, shall not be disseminated in a manner that identifies any
United States person, without such person's consent, unless such person's
identity is necessary to understand foreign intelligence information or assess
its importance;

(3) notwithstanding paragraphs (1) and (2), procedures that allow for
the retention and dissemination of information that is evidence of a crime
which has been, is being, or is about to be committed and that is to be
retained or disseminated for law enforcement purposes; and

(4) notwithstanding paragraphs (1), (2), and (3), with respect to any
electronic surveillance approved pursuant to section
1802 (a) of this title, procedures that require that
no contents of any communication to which a United States person is a party
shall be disclosed, disseminated, or used for any purpose or retained for
longer than twenty-four hours unless a court order under section 1805 of this title is obtained or unless the
Attorney General determines that the information indicates a threat of death
or serious bodily harm to any person.

(i) ''United States person'' means a citizen of the United States, an
alien lawfully admitted for permanent residence (as defined in section 1101 (a)(20) of title 8), an unincorporated
association a substantial number of members of which are citizens of the
United States or aliens lawfully admitted for permanent residence, or a
corporation which is incorporated in the United States, but does not include a
corporation or an association which is a foreign power, as defined in
subsection (a)(1), (2), or (3) of this section.

(j) ''United States'', when used in a geographic sense, means all areas
under the territorial sovereignty of the United States and the Trust Territory
of the Pacific Islands.

(k) ''Aggrieved person'' means a person who is the target of an
electronic surveillance or any other person whose communications or activities
were subject to electronic surveillance.

(l) ''Wire communication'' means any communication while it is being
carried by a wire, cable, or other like connection furnished or operated by
any person engaged as a common carrier in providing or operating such
facilities for the transmission of interstate or foreign communications.

(m) ''Person'' means any individual, including any officer or employee
of the Federal Government, or any group, entity, association, corporation, or
foreign power.

(n) ''Contents'', when used with respect to a communication, includes
any information concerning the identity of the parties to such communication
or the existence, substance, purport, or meaning of that communication.

(o) ''State'' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific
Islands, and any territory or possession of the United States.

(1) Notwithstanding any other law, the President, through the Attorney
General, may authorize electronic surveillance without a court order under
this chapter to acquire foreign intelligence information for periods of up to
one year if the Attorney General certifies in writing under oath that -

(A) the electronic surveillance is solely directed at -

(i) the acquisition of the contents of communications transmitted by
means of communications used exclusively between or among foreign powers, as
defined in section 1801(a)(1), (2), or (3) of this title; or

(ii) the acquisition of technical intelligence, other than the spoken
communications of individuals, from property or premises under the open and
exclusive control of a foreign power, as defined in section 1801(a)(1), (2),
or (3) of this title;

(B) there is no substantial likelihood that the surveillance will
acquire the contents of any communication to which a United States person is a
party; and

(C) the proposed minimization procedures with respect to such
surveillance meet the definition of minimization procedures under section
1801 (h) of this title; and if the Attorney General
reports such minimization procedures and any changes thereto to the House
Permanent Select Committee on Intelligence and the Senate Select Committee on
Intelligence at least thirty days prior to their effective date, unless the
Attorney General determines immediate action is required and notifies the
committees immediately of such minimization procedures and the reason for
their becoming effective immediately.

(2) An electronic surveillance authorized by this subsection may be
conducted only in accordance with the Attorney General's certification and the
minimization procedures adopted by him. The Attorney General shall assess
compliance with such procedures and shall report such assessments to the House
Permanent Select Committee on Intelligence and the Senate Select Committee on
Intelligence under the provisions of section 1808 (a) of this title.

(3) The Attorney General shall immediately transmit under seal to the
court established under section 1803 (a) of this
title a copy of his certification. Such certification shall be maintained
under security measures established by the Chief Justice with the concurrence
of the Attorney General, in consultation with the Director of Central
Intelligence, and shall remain sealed unless -

(A) an application for a court order with respect to the surveillance is
made under sections 1801 (h)(4) and 1804 of this title; or

(B) the certification is necessary to determine the legality of the
surveillance under section 1806 (f) of this title.

(4) With respect to electronic surveillance authorized by this
subsection, the Attorney General may direct a specified communication common
carrier to -

(A) furnish all information, facilities, or technical assistance
necessary to accomplish the electronic surveillance in such a manner as will
protect its secrecy and produce a minimum of interference with the services
that such carrier is providing its customers; and

(B) maintain under security procedures approved by the Attorney General
and the Director of Central Intelligence any records concerning the
surveillance or the aid furnished which such carrier wishes to retain. The
Government shall compensate, at the prevailing rate, such carrier for
furnishing such aid.

(b) Applications for a court order under this chapter are authorized if
the President has, by written authorization, empowered the Attorney General to
approve applications to the court having jurisdiction under section 1803 of this title, and a judge to whom an
application is made may, notwithstanding any other law, grant an order, in
conformity with section 1805 of this title,
approving electronic surveillance of a foreign power or an agent of a foreign
power for the purpose of obtaining foreign intelligence information, except
that the court shall not have jurisdiction to grant any order approving
electronic surveillance directed solely as described in paragraph (1)(A) of
subsection (a) of this section unless such surveillance may involve the
acquisition of communications of any United States person.

§ 1803. Designation of judges

(a) Court to hear applications and grant orders; record of denial;
transmittal to court of review

The Chief Justice of the United States shall publicly designate seven
district court judges from seven of the United States judicial circuits who
shall constitute a court which shall have jurisdiction to hear applications
for and grant orders approving electronic surveillance anywhere within the
United States under the procedures set forth in this Act, except that no judge
designated under this subsection shall hear the same application for
electronic surveillance under this Act which has been denied previously by
another judge designated under this subsection. If any judge so designated
denies an application for an order authorizing electronic surveillance under
this Act, such judge shall provide immediately for the record a written
statement of each reason of his decision and, on motion of the United States,
the record shall be transmitted, under seal, to the court of review
established in subsection (b) of this section.

(b) Court of review; record, transmittal to Supreme Court

The Chief Justice shall publicly designate three judges, one of whom shall
be publicly designated as the presiding judge, from the United States district
courts or courts of appeals who together shall comprise a court of review
which shall have jurisdiction to review the denial of any application made
under this Act. If such court determines that the application was properly
denied, the court shall immediately provide for the record a written statement
of each reason for its decision and, on petition of the United States for a
writ of certiorari, the record shall be transmitted under seal to the Supreme
Court, which shall have jurisdiction to review such decision.

Proceedings under this Act shall be conducted as expeditiously as
possible. The record of proceedings under this Act, including applications
made and orders granted, shall be maintained under security measures
established by the Chief Justice in consultation with the Attorney General and
the Director of Central Intelligence.

(d) Tenure

Each judge designated under this section shall so serve for a maximum of
seven years and shall not be eligible for redesignation, except that the
judges first designated under subsection (a) of this section shall be
designated for terms of from one to seven years so that one term expires each
year, and that judges first designated under subsection (b) of this section
shall be designated for terms of three, five, and seven years.

§ 1804. Applications for court orders

Each application for an order approving electronic surveillance under this
chapter shall be made by a Federal officer in writing upon oath or affirmation
to a judge having jurisdiction under section 1803 of this title. Each application shall require
the approval of the Attorney General based upon his finding that it satisfies
the criteria and requirements of such application as set forth in this
chapter. It shall include -

(1) the identity of the Federal officer making the application;

(2) the authority conferred on the Attorney General by the President of
the United States and the approval of the Attorney General to make the
application;

(3) the identity, if known, or a description of the target of the
electronic surveillance;

(4) a statement of the facts and circumstances relied upon by the
applicant to justify his belief that -

(A) the target of the electronic surveillance is a foreign power or an
agent of a foreign power; and

(B) each of the facilities or places at which the electronic
surveillance is directed is being used, or is about to be used, by a foreign
power or an agent of a foreign power;

(5) a statement of the proposed minimization procedures;

(6) a detailed description of the nature of the information sought and
the type of communications or activities to be subjected to the surveillance;

(7) a certification or certifications by the Assistant to the President
for National Security Affairs or an executive branch official or officials
designated by the President from among those executive officers employed in
the area of national security or defense and appointed by the President with
the advice and consent of the Senate -

(A) that the certifying official deems the information sought to be
foreign intelligence information;

(B) that the purpose of the surveillance is to obtain foreign
intelligence information;

(C) that such information cannot reasonably be obtained by normal
investigative techniques;

(D) that designates the type of foreign intelligence information being
sought according to the categories described in section 1801 (e) of this title; and

(E) including a statement of the basis for the certification that -

(i) the information sought is the type of foreign intelligence
information designated; and

(8) a statement of the means by which the surveillance will be effected
and a statement whether physical entry is required to effect the surveillance;

(9) a statement of the facts concerning all previous applications that
have been made to any judge under this chapter involving any of the persons,
facilities, or places specified in the application, and the action taken on
each previous application;

(10) a statement of the period of time for which the electronic
surveillance is required to be maintained, and if the nature of the
intelligence gathering is such that the approval of the use of electronic
surveillance under this chapter should not automatically terminate when the
described type of information has first been obtained, a description of facts
supporting the belief that additional information of the same type will be
obtained thereafter; and

(11) whenever more than one electronic, mechanical or other surveillance
device is to be used with respect to a particular proposed electronic
surveillance, the coverage of the devices involved and what minimization
procedures apply to information acquired by each device.

(b) Exclusion of certain information respecting foreign power targets

Whenever the target of the electronic surveillance is a foreign power, as
defined in section 1801(a)(1), (2), or (3) of this title, and each of the
facilities or places at which the surveillance is directed is owned, leased,
or exclusively used by that foreign power, the application need not contain
the information required by paragraphs (6), (7)(E), (8), and (11) of
subsection (a) of this section, but shall state whether physical entry is
required to effect the surveillance and shall contain such information about
the surveillance techniques and communications or other information concerning
United States persons likely to be obtained as may be necessary to assess the
proposed minimization procedures.

(c) Additional affidavits or certifications

The Attorney General may require any other affidavit or certification from
any other officer in connection with the application.

(d) Additional information

The judge may require the applicant to furnish such other information as
may be necessary to make the determinations required by section 1805 of this title.

§ 1805. Issuance of order

(a) Necessary findings

Upon an application made pursuant to section
1804 of this title, the judge shall enter an ex
parte order as requested or as modified approving the electronic surveillance
if he finds that -

(1) the President has authorized the Attorney General to approve
applications for electronic surveillance for foreign intelligence information;

(2) the application has been made by a Federal officer and approved by
the Attorney General;

(3) on the basis of the facts submitted by the applicant there is
probable cause to believe that -

(A) the target of the electronic surveillance is a foreign power or an
agent of a foreign power: Provided, That no United States person may be
considered a foreign power or an agent of a foreign power solely upon the
basis of activities protected by the first amendment to the Constitution of
the United States; and

(B) each of the facilities or places at which the electronic
surveillance is directed is being used, or is about to be used, by a foreign
power or an agent of a foreign power;

(4) the proposed minimization procedures meet the definition of
minimization procedures under section 1804 (h) of this title; and

(5) the application which has been filed contains all statements
and certifications required by section 1804 of this title and, if the
target is a United States person, the certification or certifications
are not clearly erroneous on the basis of the statement made under
section 1804 (a)(7)(E) of this title and any other information
furnished under section 1804 (d) of this title.

(b) Specifications and directions of orders

An order approving an electronic surveillance under this section shall -

(1) specify -

(A) the identity, if known, or a description of the target of the
electronic surveillance;

(B) the nature and location of each of the facilities or places at which
the electronic surveillance will be directed;

(C) the type of information sought to be acquired and the type of
communications or activities to be subjected to the surveillance;

(D) the means by which the electronic surveillance will be effected and
whether physical entry will be used to effect the surveillance;

(E) the period of time during which the electronic surveillance is
approved; and

(F) whenever more than one electronic, mechanical, or other surveillance
device is to be used under the order, the authorized coverage of the devices
involved and what minimization procedures shall apply to information subject
to acquisition by each device; and

(2) direct -

(A) that the minimization procedures be followed;

(B) that, upon the request of the applicant, a specified communication
or other common carrier, landlord, custodian, or other specified person
furnish the applicant forthwith all information, facilities, or technical
assistance necessary to accomplish the electronic surveillance in such a
manner as will protect its secrecy and produce a minimum of interference with
the services that such carrier, landlord, custodian, or other person is
providing that target of electronic surveillance;

(C) that such carrier, landlord, custodian, or other person maintain
under security procedures approved by the Attorney General and the Director of
Central Intelligence any records concerning the surveillance or the aid
furnished that such person wishes to retain; and

(D) that the applicant compensate, at the prevailing rate, such carrier,
landlord, custodian, or other person for furnishing such aid.

(c) Exclusion of certain information respecting foreign power targets

Whenever the target of the electronic surveillance is a foreign power, as
defined in section 1801(a)(1), (2), or (3) of this title, and each of the
facilities or places at which the surveillance is directed is owned, leased,
or exclusively used by that foreign power, the order need not contain the
information required by subparagraphs (C), (D), and (F) of subsection (b)(1)
of this section, but shall generally describe the information sought, the
communications or activities to be subjected to the surveillance, and the type
of electronic surveillance involved, including whether physical entry is
required.

(d) Duration of order; extensions; review of circumstances under which
information was acquired, retained or disseminated

(1) An order issued under this section may approve an electronic
surveillance for the period necessary to achieve its purpose, or for ninety
days, whichever is less, except that an order under this section shall approve
an electronic surveillance targeted against a foreign power, as defined in
section 1801(a)(1), (2), or (3) of this title, for the period specified in the
application or for one year, whichever is less.

(2) Extensions of an order issued under this chapter may be granted on
the same basis as an original order upon an application for an extension and
new findings made in the same manner as required for an original order, except
that an extension of an order under this Act for a surveillance targeted
against a foreign power, as defined in section 1801 (a)(5) or (6) of this title, or against a
foreign power as defined in section 1801 (a)(4) of
this title that is not a United States person, may be for a period not to
exceed one year if the judge finds probable cause to believe that no
communication of any individual United States person will be acquired during
the period.

(3) At or before the end of the period of time for which electronic
surveillance is approved by an order or an extension, the judge may assess
compliance with the minimization procedures by reviewing the circumstances
under which information concerning United States persons was acquired,
retained, or disseminated.

(e) Emergency orders

Notwithstanding any other provision of this chapter, when the Attorney
General reasonably determines that -

(1) an emergency situation exists with respect to the employment of
electronic surveillance to obtain foreign intelligence information before an
order authorizing such surveillance can with due diligence be obtained; and

(2) the factual basis for issuance of an order under this chapter to
approve such surveillance exists; he may authorize the emergency employment of
electronic surveillance if a judge having jurisdiction under section 1803 of this title is informed by the Attorney
General or his designee at the time of such authorization that the decision
has been made to employ emergency electronic surveillance and if an
application in accordance with this chapter is made to that judge as soon as
practicable, but not more than twenty-four hours after the Attorney General
authorizes such surveillance. If the Attorney General authorizes such
emergency employment of electronic surveillance, he shall require that the
minimization procedures required by this chapter for the issuance of a
judicial order be followed. In the absence of a judicial order approving such
electronic surveillance, the surveillance shall terminate when the information
sought is obtained, when the application for the order is denied, or after
the expiration of twenty-four hours from the time of authorization by the
Attorney General, whichever is earliest. In the event that such application
for approval is denied, or in any other case where the electronic surveillance
is terminated and no order is issued approving the surveillance, no
information obtained or evidence derived from such surveillance shall be
received in evidence or otherwise disclosed in any trial, hearing, or other
proceeding in or before any court, grand jury, department, office, agency,
regulatory body, legislative committee, or other authority of the United
States, a State, or political subdivision thereof, and no information
concerning any United States person acquired from such surveillance shall
subsequently be used or disclosed in any other manner by Federal officers or
employees without the consent of such person, except with the approval of the
Attorney General if the information indicates a threat of death or serious
bodily harm to any person. A denial of the application made under this
subsection may be reviewed as provided in section 1803 of this title.

Notwithstanding any other provision of this chapter, officers, employees,
or agents of the United States are authorized in the normal course of their
official duties to conduct electronic surveillance not targeted against the
communications of any particular person or persons, under procedures approved
by the Attorney General, solely to -

(1) test the capability of electronic equipment, if -

(A) it is not reasonable to obtain the consent of the persons
incidentally subjected to the surveillance;

(B) the test is limited in extent and duration to that necessary to
determine the capability of the equipment;

(C) the contents of any communication acquired are retained and used
only for the purpose of determining the capability of the equipment, are
disclosed only to test personnel, and are destroyed before or immediately upon
completion of the test; and:

(D) Provided, That the test may exceed ninety days only with the prior
approval of the Attorney General;

(2) determine the existence and capability of electronic surveillance
equipment being used by persons not authorized to conduct electronic
surveillance, if -

(A) it is not reasonable to obtain the consent of persons incidentally
subjected to the surveillance;

(B) such electronic surveillance is limited in extent and duration to
that necessary to determine the existence and capability of such equipment;
and

(C) any information acquired by such surveillance is used only to
enforce chapter 119 of title 18, or section 605 of title 47, or to protect information from
unauthorized surveillance; or

(3) train intelligence personnel in the use of electronic surveillance
equipment, if -

(A) it is not reasonable to -

(i) obtain the consent of the persons incidentally subjected to the
surveillance;

(ii) train persons in the course of surveillances otherwise authorized
by this chapter; or

(iii) train persons in the use of such equipment without engaging in
electronic surveillance;

(B) such electronic surveillance is limited in extent and duration to
that necessary to train the personnel in the use of the equipment; and

(C) no contents of any communication acquired are retained or
disseminated for any purpose, but are destroyed as soon as reasonably
possible.

(g) Retention of certifications, applications and orders

Certifications made by the Attorney General pursuant to section 1802 (a) of this title and applications made and
orders granted under this chapter shall be retained for a period of at least
ten years from the date of the certification or application.

§ 1806. Use of information

Information acquired from an electronic surveillance conducted pursuant to
this chapter concerning any United States person may be used and disclosed by
Federal officers and employees without the consent of the United States person
only in accordance with the minimization procedures required by this chapter.
No otherwise privileged communication obtained in accordance with, or in
violation of, the provisions of this chapter shall lose its privileged
character. No information acquired from an electronic surveillance pursuant to
this chapter may be used or disclosed by Federal officers or employees except
for lawful purposes.

(b) Statement for disclosure

No information acquired pursuant to this chapter shall be disclosed for
law enforcement purposes unless such disclosure is accompanied by a statement
that such information, or any information derived therefrom, may only be used
in a criminal proceeding with the advance authorization of the Attorney
General.

(c) Notification by United States

Whenever the Government intends to enter into evidence or otherwise use or
disclose in any trial, hearing, or other proceeding in or before any court,
department, officer, agency, regulatory body, or other authority of the United
States, against an aggrieved person, any information obtained or derived from
an electronic surveillance of that aggrieved person pursuant to the authority
of this chapter, the Government shall, prior to the trial, hearing, or other
proceeding or at a reasonable time prior to an effort to so disclose or so use
that information or submit it in evidence, notify the aggrieved person and the
court or other authority in which the information is to be disclosed or used
that the Government intends to so disclose or so use such information.

(d) Notification by States or political subdivisions

Whenever any State or political subdivision thereof intends to enter into
evidence or otherwise use or disclose in any trial, hearing, or other
proceeding in or before any court, department, officer, agency, regulatory
body, or other authority of a State or a political subdivision thereof,
against an aggrieved person any information obtained or derived from an
electronic surveillance of that aggrieved person pursuant to the authority of
this chapter, the State or political subdivision thereof shall notify the
aggrieved person, the court or other authority in which the information is to
be disclosed or used, and the Attorney General that the State or political
subdivision thereof intends to so disclose or so use such information.

(e) Motion to suppress

Any person against whom evidence obtained or derived from an electronic
surveillance to which he is an aggrieved person is to be, or has been,
introduced or otherwise used or disclosed in any trial, hearing, or other
proceeding in or before any court, department, officer, agency, regulatory
body, or other authority of the United States, a State, or a political
subdivision thereof, may move to suppress the evidence obtained or derived
from such electronic surveillance on the grounds that -

(1) the information was unlawfully acquired; or

(2) the surveillance was not made in conformity with an order of
authorization or approval. Such a motion shall be made before the trial,
hearing, or other proceeding unless there was no opportunity to make such a
motion or the person was not aware of the grounds of the motion.

(f) In camera and ex parte review by district court

Whenever a court or other authority is notified pursuant to subsection (c)
or (d) of this section, or whenever a motion is made pursuant to subsection
(e) of this section, or whenever any motion or request is made by an aggrieved
person pursuant to any other statute or rule of the United States or any State
before any court or other authority of the United States or any State to
discover or obtain applications or orders or other materials relating to
electronic surveillance or to discover, obtain, or suppress evidence or
information obtained or derived from electronic surveillance under this Act,
the United States district court or, where the motion is made before another
authority, the United States district court in the same district as the
authority, shall, notwithstanding any other law, if the Attorney General files
an affidavit under oath that disclosure or an adversary hearing would harm
the national security of the United States, review in camera and ex parte the
application, order, and such other materials relating to the surveillance as
may be necessary to determine whether the surveillance of the aggrieved person
was lawfully authorized and conducted. In making this determination, the court
may disclose to the aggrieved person, under appropriate security procedures
and protective orders, portions of the application, order, or other materials
relating to the surveillance only where such disclosure is necessary to make
an accurate determination of the legality of the surveillance.

(g) Suppression of evidence; denial of motion

If the United States district court pursuant to subsection (f) of this
section determines that the surveillance was not lawfully authorized or
conducted, it shall, in accordance with the requirements of law, suppress the
evidence which was unlawfully obtained or derived from electronic surveillance
of the aggrieved person or otherwise grant the motion of the aggrieved person.
If the court determines that the surveillance was lawfully authorized and
conducted, it shall deny the motion of the aggrieved person except to the
extent that due process requires discovery or disclosure.

(h) Finality of orders

Orders granting motions or requests under subsection (g) of this section,
decisions under this section that electronic surveillance was not lawfully
authorized or conducted, and orders of the United States district court
requiring review or granting disclosure of applications, orders, or other
materials relating to a surveillance shall be final orders and binding upon
all courts of the United States and the several States except a United States
court of appeals and the Supreme Court.

(i) Destruction of unintentionally acquired information

In circumstances involving the unintentional acquisition by an electronic,
mechanical, or other surveillance device of the contents of any radio
communication, under circumstances in which a person has a reasonable
expectation of privacy and a warrant would be required for law enforcement
purposes, and if both the sender and all intended recipients are located
within the United States, such contents shall be destroyed upon recognition,
unless the Attorney General determines that the contents indicate a threat of
death or serious bodily harm to any person.

If an emergency employment of electronic surveillance is authorized under
section 1805 (e) of this title and a subsequent
order approving the surveillance is not obtained, the judge shall cause to be
served on any United States person named in the application and on such other
United States persons subject to electronic surveillance as the judge may
determine in his discretion it is in the interest of justice to serve, notice
of -

(1) the fact of the application;

(2) the period of the surveillance; and

(3) the fact that during the period information was or was not obtained.
On an ex parte showing of good cause to the judge the serving of the notice
required by this subsection may be postponed or suspended for a period not to
exceed ninety days. Thereafter, on a further ex parte showing of good cause,
the court shall forego ordering the serving of the notice required under this
subsection.

§ 1807. Report to Administrative Office of the United States Court and
to Congress

In April of each year, the Attorney General shall transmit to the
Administrative Office of the United States Court and to Congress a report
setting forth with respect to the preceding calendar year -

(a) the total number of applications made for orders and extensions of
orders approving electronic surveillance under this chapter; and

(b) the total number of such orders and extensions either granted,
modified, or denied.

§ 1808. Report of Attorney General to Congressional committees;
limitation on authority or responsibility of information gathering activities
of Congressional committees; report of Congressional committees to
Congress

(a) On a semiannual basis the Attorney General shall fully inform the
House Permanent Select Committee on Intelligence and the Senate Select
Committee on Intelligence concerning all electronic surveillance under this
chapter. Nothing in this chapter shall be deemed to limit the authority and
responsibility of the appropriate committees of each House of Congress to
obtain such information as they may need to carry out their respective
functions and duties.

(b) On or before one year after October 25, 1978, and on the same day
each year for four years thereafter, the Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence shall report
respectively to the House of Representatives and the Senate, concerning the
implementation of this Act. Said reports shall include but not be limited to
an analysis and recommendations concerning whether this Act should be (1)
amended, (2) repealed, or (3) permitted to continue in effect without
amendment.

§ 1809. Criminal sanctions

(a) Prohibited activities

A person is guilty of an offense if he intentionally -

(1) engages in electronic surveillance under color of law except as
authorized by statute; or

(2) discloses or uses information obtained under color of law by
electronic surveillance, knowing or having reason to know that the information
was obtained through electronic surveillance not authorized by statute.

(b) Defense

It is a defense to a prosecution under subsection (a) of this section that
the defendant was a law enforcement or investigative officer engaged in the
course of his official duties and the electronic surveillance was authorized
by and conducted pursuant to a search warrant or court order of a court of
competent jurisdiction.

(c) Penalties

An offense described in this section is punishable by a fine of not more
than $10,000 or imprisonment for not more than five years, or both.

(d) Federal jurisdiction

There is Federal jurisdiction over an offense under this section if the
person committing the offense was an officer or employee of the United States
at the time the offense was committed.

§ 1810. Civil liability

An aggrieved person, other than a foreign power or an agent of a foreign
power, as defined in section 1801(a) or (b)(1)(A) of this title, respectively,
who has been subjected to an electronic surveillance or about whom information
obtained by electronic surveillance of such person has been disclosed or used
in violation of section 1809 of this title shall
have a cause of action against any person who committed such violation and
shall be entitled to recover -

(a) actual damages, but not less than liquidated damages of $1,000 or
$100 per day for each day gf violation, whichever is greater;

§ 1811. Authorization during time of war

Notwithstanding any other law, the President, through the Attorney General,
may authorize electronic surveillance without a court order under this chapter
to acquire foreign intelligence information for a period not to exceed fifteen
calendar days following a declaration of war by the Congress.